It has come to the attention of the Department of Environmental Qualitythat there has been recent unauthorized activity on the above referencedparcel of property. You have been certified as the legal landownerand/or contractor who did the following unauthorized activity:

Construction and maintenance of two wood debris dams across the outletstream of Spring Pond. A permit must be issued prior to the start ofthis type of activity. A review of the Department's files shows that nopermits have been issued. Therefore, the Department has determined thatthis activity is in violation of Part 301, Inland Lakes and Streams, ofthe Natural Resource and Environmental Protection Act, Act 451 of thePublic Acts of 1994, being sections 324.30101 to 324.30113 of theMichigan Compiled Laws, annotated.

The Department has been informed that one or both of the dams partiallyfailed during a recent rain event, causing debris and flooding atdownstream locations. We find that dams of this nature are inherentlyhazardous and cannot be permitted. The Department therefore orders youto cease and desist all activities at this location, and to restore thestream to a free-flow condition by removing all wood and brush formingthe dams from the stream channel. All restoration work shall becompleted no later than January 31, 2002.

Please notify this office when the restoration has been completed sothat a follow-up site inspection may be scheduled by our staff. Failureto comply with this request or any further unauthorized activity on thesite may result in this case being referred for elevated enforcementaction.

We anticipate and would appreciate your full cooperation in this matter.Please feel free to contact me at this office if you have any questions.

Sincerely, David L. Price

District Representative Land and Water Management Division

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Dear Mr. Price,

Re: DEQ File No. 97-59-0023; T11N; R10W, Sec. 20; Montcalm County.

Your certified letter dated 12/17/01 has been handed to me to respondto.

First of all, Mr. Ryan DeVries is not the legal Landowner and/orContractor at 2088 Dagget, Pierson, Michigan. I am the legal owner anda couple of beavers are in the (State unauthorized) process ofconstructing and maintaining two wood "debris" dams across the outletstream of my Spring Pond.

While I did not pay for, authorize, nor supervise their dam project, Ithink they would be highly offended that you call their skillful use ofnatures building materials "debris."

I would like to challenge your department to attempt to emulate theirdam project any time and/or any place you choose. I believe I cansafely state there is no way you could ever match their dam skills,their dam resourcefulness, their dam ingenuity, their dam persistence,their dam determination and/or their dam work ethic.

As to your request, I do not think the beavers are aware that they mustfirst fill out a dam permit prior to the start of this type of damactivity.

My first dam question to you is: (1) Are you trying to discriminateagainst my Spring Pond Beavers or (2) do you require all beaversthroughout this State to conform to said dam request?

If you are not discriminating against these particular beavers, throughthe Freedom of Information Act, I request completed copies of all thoseother applicable beaver dam permits that have been issued. Perhaps wewill see if there really is a dam violation of Part 301, Inland Lakesand Streams, of the Natural Resource and Environmental Protection Act,Act 451 of the Public Acts of 1994, being sections 324.30101 to324.30113 of the Michigan Compiled Laws, annotated.

I have several concerns. My first concern is - aren't the beaversentitled to legal representation? The Spring Pond Beavers arefinancially destitute and are unable to pay for said representation - sothe State will have to provide them with a dam lawyer. The Department'sdam concern that either one or both of the dams failed during a recentrain event causing flooding is proof that this is a natural occurrence,which the Department is required to protect.

In other words, we should leave the Spring Pond Beavers alone ratherthan harassing them and calling their dam names. If you want the stream"restored" to a dam free-flow condition please contact the beavers - butif you are going to arrest them, they obviously did not pay anyattention to your dam letter, they being unable to read English.

In my humble opinion, the Spring Pond Beavers have a right to buildtheir unauthorized dams as long as the sky is blue, the grass is greenand water flows downstream. They have more dam rights than I do to liveand enjoy Spring Pond. If the Department of Natural Resources andEnvironmental Protection lives up to its name, it should protect thenatural resources (Beavers) and the environment (Beavers' Dams.).

So, as far as the beavers and I are concerned, this dam case can bereferred for more elevated enforcement action right now. Why wait until1/31/2002? The Spring Pond Beavers may be under the dam ice then andthere will be no way for you or your dam staff to contact/harass themthen.

In conclusion, I would like to bring to your attention to a realenvironmental quality (health) problem in the area. It is the bears!Bears are actually defecating in our woods. I definitely believe youshould be persecuting the defecating bears and leave the beavers alone.If you are going to investigate the beaver dam, watch your step! (Thebears are not careful where they dump!)

Being unable to comply with your dam request, and being unable tocontact you on your dam answering machine, I am sending this response toyour dam office.